Elderly man attacked by pit bull
An elderly man was attacked by a pit bull Thursday, June 14, in Hemet before a good Samaritan came to his assistance and took him to the hospital, animal control officials said.
The man, in his 70s, had just gotten off of a bus and was walking toward the Hemet Valley Mall on Thursday morning when a group of pit bulls came running out of a yard in his direction, Animal Control Supervisor Daryl Hitchcock said.
The man fell and one of the dogs bit him repeatedly while the others ran around the general area before being scurried away back into their yard, Hitchcock said.
A passer-by, Jeri Berglund, said she saw the attack and stopped her car to help while screaming for the dogs to stop. Berglund eventually put the man in her car and drove him to Hemet Valley Medical Center, where he was treated.
“He kept saying he was going to die and pass out,” Berglund said. “He couldn’t even get out of the car when I got there.”
Hitchcock didn’t have specific information about the condition of the man, whose name was not released, but he said the man would be OK.
“All in all, for an elderly gentleman, he did really good,” Hitchcock said. “I have a feeling it would have been a lot different if all the dogs out there had chewed on him. He was lucky.”
When officers from the Ramona Humane Society, which provides animal control for the city, arrived at the dog owner’s house at Western and Latham avenues, they found seven pit bulls, Hitchcock said. Hemet Municipal Code allows for up to three dogs per residence.
Hitchcock said the dog that bit the man was taken and will be kept in quarantine for 10 days. After that, authorities will decide whether to euthanize it.
Hitchcock said the department also will address the fact that there are too many dogs on the property. He said the owners had recently gotten the dog and were “very eager” to give it up.
Dog Attacks and personal injury liability
CALIFORNIA DOG BITE STATUTE SECTION 3342
Under California Law, it is no longer necessary for the Plaintiff to prove that the dog was known to be vicious or had a propensity to bite. One bite alone is sufficient for liability. Dog owners do not get a second chance in California. They are liable for any injury their animals cause regardless of whether the animal had bitten anyone previously. Under California Dog Bite Statute Section 3342 the Plaintiff must prove in a dog bite case the following:
- Defendant owned the dog;
- The dog bit the Plaintiff;
- The Plaintiff was lawfully on the premises (express or implied consent to be on the premises) where the bite occured; and
- Plaintiff sustained injuries from the dog bite.
What You Should Do If You Or A Loved One Has Been Bitten By A Dog:
- Take pictures of your injuries immediately;
- Consult law enforcement and request that a police report be made;
- Keep copies of all medical bills and records;
- Continue to take pictures of the bite(s) as the wounds heal;
- Be sure that your doctor is qualified and determine if you are a candidate for plastic surgery to get rid of the scarring;
- If an adult who is employed sustained injuries and lost wages, keep a record of economic loss.
WE WILL FIGHT FOR YOU!
Demand accountability from dog owners. Settling dog bite claims can be difficult and complex. Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a case. We at the Law Offices of Gary A Kessler have 20 years of litigation experience and we know how to handle the insurance companies. We are prepared to front all of the costs required for the necessary investigations and expert witnesses needed to prepare your case for trial. Are the other law firms you are considering willing to front all costs?
In a dog bite case, we advance all legal costs to prepare and present our client’s claim, and receive a percentage of the settlement or verdict of what we recover for our attorney’s fees on their behalf. Upon settlement our costs shall be reimbursed to us from the gross recovery. If there is no recovery, no attorney’s fees or costs are owed to our firm. Thus, in all personal injury cases, our fees are recovered as a percentage of any settlement or verdict awarded to our clients.
Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!
If you or a family member sustained serious dog bite injuries contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.
2011 statistics
- 31 U.S. fatal dog attacks occurred in 2011. Despite being regulated in Military Housing Areas and over 650 U.S. cities, pit bulls led these attacks accounting for 71% (22). Pit bulls make up less than 5% of the total U.S. dog population.2
- Notably in 2011, adult victims of fatal pit bull attacks more than doubled the number of child victims. Of the 22 total pit bull victims, 68% (15) fell between the ages of 32 to 76, and 32% (7) were ages 5 years and younger.
- The year 2011 also marks an increase in pet pit bulls killing their owners. Of the 8 total instances this year in which a family dog inflicted fatal injury to its primary caretaker, the dog’s owner, 88% (7) involved pet pit bulls.
- Together, pit bulls (22) and rottweilers (4), the number two lethal dog breed, accounted for 84% of all fatal attacks in 2011. In the 7-year period from 2005 to 2011, this same combination accounted for 73% (156) of the total recorded deaths (213).
- The breakdown between pit bulls and rottweilers is substantial over this 7-year period. From 2005 to 2011, pit bulls killed 127 Americans,3 about one citizen every 20 days, versus rottweilers, which killed 29; about one citizen every 88 days.
- Annual data from 2011 shows that 58% (18) of the attacks occurred to adults (21 years and older) and 42% (13) occurred to children (11 years and younger). Of the children, 62% (8) occurred to ages 1 and younger.
- 2011 data also shows that 39% (12) of the fatal incidents involved more than one dog; 26% (8) involved breeding on the dog owner’s property either actively or in the recent past, and 6% (2) involved tethered dogs, down from 9% in 2010 and 19% in 2009.
- Dog ownership information for 2011 shows that family dogs comprised 65% (20) of the attacks that resulted in death; 74% (23) of all incidents occurred on the dog owner’s property and 29% (9) resulted in criminal charges, up from 15% in 2010.
- The states of California and Texas led fatalities in 2011, each with 4 deaths; pit bulls and their mixes contributed to 88% (7) of the 8 deaths. North Carolina, New Mexico, South Carolina and Virginia each incurred 2 deaths.
- 2011 Fatal Dog attacks by breed
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